Filing a Complaint Against a Student for Gender-Based Discrimination/Harassment

 

Reasonable accommodations are available to individuals with disabilities. You may contact ECRT at any time to request such accommodations.

 

Things You Should Know

Our role is to coordinate and carry out the University’s response to reports of Prohibited Conduct under the University’s . We are an impartial office and do not represent or advocate on behalf of any party or witness in an investigation. We recognize the information shared during an ECRT process is sensitive and we will only share information with University officials when necessary and appropriate. ECRT is not a Confidential Resource, however, and does share information as appropriate on a need to know basis.

Investigator 

The investigator’s role is to conduct an impartial and unbiased investigation, or other response, into reported violations of the University’s Policy on Sexual and Gender-Based Misconduct. The investigator is the primary point of contact during the initial assessment, initial meeting, and the investigation portion of an investigative resolution.

Case Manager

The case manager’s role is to serve as the primary point of contact for the parties, witnesses, hearing officer, and relevant administrators during the post-investigation phase of an  investigative resolution, and as necessary during an adaptable resolution process.

Impartiality

If you have a concern that the investigator, case manager, hearing officer, Student Conduct Advisor, or external reviewer cannot carry out their role in this matter in a fair and unbiased manner (e.g., has a personal connection with one of the parties or witnesses, etc.), please contact the contact the Title IX Coordinator, Andrea Berry McDaniel, immediately. She may be reached at 313-436-9194 or [email protected].

Initial Meeting

The first step ECRT takes is to listen to your concerns and provide you with information about resources and reporting options. If you choose to participate in an investigative resolution, you will meet with an ECRT investigator and have the opportunity to provide a full statement, as described in the “Investigative Resolution” section below. If you choose to participate in adaptable resolution, which is an alternative to an investigation and hearing, the information you provide will be used to determine whether and what type of adaptable resolution is available. If you choose adaptable resolution, please refer to the “Adaptable Resolution” section below.

Advisor

You may bring an advisor with you to any meeting during the investigative process, including your interview and the hearing. Examples of an advisor include, but are not limited to, a friend, family member, advocate, or an attorney. If you decide you’d like an investigation and a formal complaint is signed, the University can provide an advisor to you free of charge if you do not have one.

Supportive Measures 

You have the right to request supportive measures, regardless of whether you file a formal complaint with the University or with law enforcement. Supportive measures are individualized services, accommodations and other assistance that the University offers free of charge. Supportive measures may include academic support and accommodations, including the ability to reschedule classes, exams, and assignments; transfer course sections; or modify an academic schedule. Supportive measures further include but are not limited to: the ability to modify a University work schedule or job assignment, alter a University work assignment, a mutual no contact directive, and assistance in connecting to counseling or medical services. More information about supportive measures is included in and 

Please let ECRT know if you wish to request supportive measures. 

You may also request supportive measures through confidential resources, including CAPS, and the Student Ombuds.

Criminal Investigations and Preservation of Evidence The University process for addressing sexual misconduct is separate from a criminal investigation by a law enforcement agency. You have the right to file a police report regarding possible criminal behavior. We can connect you with a staff member who can assist you in making a report to law enforcement if you would like. You may also seek medical treatment. A list of local hospitals can be found in the Our Community Matters resource guide. Even if you are not sure that you want to file a police report or seek medical attention, it can be helpful to have any available evidence collected in case you decide to file a report with law enforcement at a later date. The Department of Public Safety assists individuals who have experienced sexual and gender-based violence. You can contact the DPS’ Special Victims Unit at 313-593-5333 (or 9-1-1 on campus). If the incident(s) occurred off campus and you wish to file a police report, please contact local police (DPS is available to assist you with this).

Retaliation. The University prohibits retaliation for making a report or Formal Complaint of Prohibited Conduct; being alleged to have committed Prohibited Conduct; assisting or participating, or refusing to participate, in any proceeding under this Policy. Any person who feels they are being subjected to retaliatory behavior is strongly encouraged to contact ECRT immediately. We will look into the matter and the University will take action if retaliation has occurred. It is also important that you, along with all other persons who are aware of this investigation, avoid engaging in conduct that may be perceived as retaliatory.

Resources for Support

The University offers a variety of services to support Complainants. Several are listed below. ECRT can provide additional information about resources, as requested. If you are concerned for your safety, call 9-1-1 immediately.

Procedural Options and Formal Complaint

There are multiple procedural pathways used to resolve concerns of Prohibited Conduct under the Policy. For example, some of these options include:

Investigative Resolution: 

An investigation and hearing regarding allegations of Prohibited Conduct, resulting in disciplinary sanctions if the Respondent is determined to have violated the Policy


Adaptable Resolution: 

Voluntary, remedies-based, structured process between or among affected parties that balances support and accountability without formal disciplinary action against a Respondent.

If you wish to pursue any of the above processes, please submit a written Formal Complaint. Filing a Formal Complaint is a simple process. A Formal Complaint may be submitted to ECRT in person, by mail, or by email. The ECRT investigator assigned to your matter can provide you with a form to do so, as well also provide more information about the processes and options that may be available to you.

Please note that upon receiving a Formal Complaint, ECRT is required to promptly notify the Respondent of the Formal Complaint. You may choose whether and when to submit a Formal Complaint, and an ECRT investigator can answer questions you may have.

Filing a Formal Complaint and participating in these or any other resolution process is voluntary; however, the University may pursue a report of possible Prohibited Conduct under the Policy without a participating Complainant, and even if you choose not to do so, the Title IX Coordinator may file a Formal Complaint to initiate an investigative resolution, as appropriate.

Investigative Resolution

Your Statement

If you choose an investigative resolution, you will meet with an ECRT investigator. During the meeting, you will provide information about your experience, identify relevant witnesses, and provide or otherwise identify any documentary evidence you wish to be considered. After your interview, ECRT will provide you with a draft written summary of relevant information from your statement. You will have three (3) calendar days to review the statement for accuracy and completeness and to provide feedback. You may submit feedback and ECRT will incorporate relevant feedback into the investigation report.


Parties (as well as witnesses) are expected to provide all relevant information at the time of their interview, or as soon as otherwise possible, and to be truthful and complete in their responses. Throughout the process, you are expected to share information that is accurate to the best of your knowledge. The University presumes that reports of Prohibited Conduct are made in good faith. A person who makes a materially false statement in bad faith in the course of a proceeding may be subject to disciplinary action. If the University ultimately finds that its policies were not violated, that finding is not, in and of itself, an indication of a materially false statement made in bad faith.


Interviewing the Respondent

The Respondent will be informed of the allegations and given the opportunity to respond to the reported conduct, identify relevant witnesses, and provide or otherwise identify any documentary evidence they wish to be considered. After the interview, ECRT will provide the Respondent with a draft written summary of relevant information from the Respondent’s interview.

The Respondent is also given three (3) calendar days to review their statement for accuracy and completeness and to provide feedback.


Gathering Additional Information - Witnesses and Evidence. 

As part of the investigation, ECRT will interview relevant witnesses and gather relevant evidence. Witness participation in the investigation is voluntary. Witnesses are advised before making a statement that they will be identified by name in the investigation report and may be asked to participate in a subsequent hearing. The investigator has the discretion to not interview a witness if the witness does not possess relevant information or if the information they are expected to provide would be duplicative. After their interviews, witnesses are offered the opportunity to review a draft written summary of relevant information from their interview. Any and all information for consideration by the hearing officer should be provided to the investigator prior to the hearing and any new information will not be allowed during the hearing itself, absent limited circumstances. For additional information,

Review of Evidence and Preliminary Investigation Report. 

After ECRT has concluded the investigation, both parties will be provided a copy of the preliminary investigation report and an electronic file of all evidence gathered during the investigation. The preliminary investigation report is a written summary of the information ECRT has gathered. It includes the summary of relevant information provided by each person interviewed, and other relevant information obtained in the investigation. The preliminary investigation report does not include an investigation outcome. Both parties will have the opportunity to review the electronic file of evidence and the preliminary investigation report. 

You may provide feedback and additional documents or evidence, up to ten (10) pages, within ten (10) calendar days after the preliminary report is sent to you. As parties are encouraged to provide all relevant evidence as early as possible in the process, any party providing new evidence in response to the preliminary report
should identify whether that evidence was previously available to them, and if so, why it was not previously provided. ECRT will review and attach all feedback submitted by either party to the final investigation report. For additional information about the preliminary report and evidence review, see

Final Investigation Report and Pre-Hearing Meeting. 

After receiving feedback to the preliminary investigation report, or after the feedback deadline passes, ECRT will provide both parties and the hearing officer with a copy of the final investigation report. The final investigation report will not include any findings or recommendations. After the parties have the opportunity to review the final investigation report, you will each meet separately with the hearing officer for a pre-hearing meeting.

During the pre-hearing meeting, you will review the reported conduct and the issues of interest to the hearing officer and parties. You will learn more about the procedures at the hearing and the technology that will be used. You will also have the opportunity to identify witnesses who you would like to be asked to appear for the hearing. If you have not done so previously, you will also identify your advisor, who will ask questions of the Respondent and witnesses during the hearing. If you do not have an advisor at this point in the process, the University will provide one to you for the hearing at no cost. If either party does not participate in the pre-hearing meeting, the Title IX Coordinator will determine whether and how
that absence affects the ability of the University to move forward with the hearing. For additional information about the pre-hearing meeting, see


Hearing

The hearing officer will subsequently conduct a hearing at which both parties and all witnesses will have the opportunity to answer questions posed by the hearing officer, and by the other party’s advisor. You will not have any responsibility for organizing the hearing or ensuring witnesses appear. For additional information about the hearing, see


Sanctioning Input Statements

Within seven calendar days following the hearing, and before the Hearing Officer reaches a determination, the parties may each offer a brief written input statement identifying desired sanctions/remedies in the event of a finding of a violation of the Policy. These statements will be submitted to the Student Conduct Advisor, who will share them with the other party but not with the hearing officer. For additional information about sanctioning input statements, please see


Decision and Follow Up

Following the hearing, the hearing officer will reach a conclusion as to whether there is sufficient evidence to establish a Policy violation. This determination will be made using the preponderance of the evidence standard, meaning that to establish a Policy violation, the evidence must demonstrate that it is more likely than not that conduct occurred in violation of the Policy. The hearing officer will issue a written decision after the hearing. If there is a finding that Respondent did not violate the Policy, the outcome will be shared with the parties. If there is a finding that Respondent did violate the Policy and sanctions are appropriate, the Student Conduct Advisor will determine the appropriate sanctions and any additional appropriate remedies, and the hearing outcome and sanctions will be shared with the parties at the same time. For additional information about the hearing outcome, please see For additional information about sanctions and remedies,
please see


Appeals 

Following the hearing outcome and sanctioning determination, as applicable, either or both parties may appeal the finding, the sanctions, or both. In the event an appeal is filed, the other party will have an opportunity to review and respond to the appeal. The appeal will be decided by an external reviewer, whose outcome will be reviewed and either accepted or modified by the Dean of Students. For additional information about appeals, please see


Adaptable Resolution

Adaptable Resolution

The University offers voluntary adaptable resolution processes as requested and appropriate. Adaptable resolution is a voluntary, remedies-based, structured interaction between or among parties that balances support and accountability without an investigation or formal disciplinary action against a Respondent. Adaptable resolution is generally designed to allow a Respondent to acknowledge harm and accept responsibility (to the extent possible) for the harm experienced by the Complainant and/or the University community. Adaptable resolution may take different forms, including practices such
as a facilitated dialogue, restorative circles/conference process, shuttle negotiation, or circles of accountability. Adaptable resolution is not appropriate for all matters, and must be approved by the Title IX Coordinator or designee. If you are interested in exploring whether one of the adaptable resolution options may be available, please let us know. For additional information about adaptable resolution,
please see

More information. If you have any other questions, please contact ECRT at 313-436-9194.

Contact ECRT

1114 - Administration Building
4901 Evergreen Road
Dearborn, MI 48128